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British Constitution

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Introduction

British Constitution A constitution is a set of laws on how a country is governed. The British Constitution is unwritten, unlike the constitution in America, and, as such, is referred to as an uncodified constitution. The British Constitution can be found in a variety of documents. Supporters of our constitution believe that the current way allows for flexibility and change to occur without too many problems. Those who want a written constitution believe that it should be codified so that the public as a whole has access to it - as opposed to just constitutional experts who know where to look and how to interpret it. ...read more.

Middle

It cannot be checked by any other branch of the system Its heavy workload can mean poor laws are passed The Unitary system can mean the creation of laws that are inappropriate to regions of the UK ~ The independence of the Judiciary would be protected ~ Basic rights of citizens are identified and guaranteed ~ There will be less constitutional crises as there will not be confusion as to what is 'unconstitutional behaviour' ~ A large parliamentary majority means the domination of the legislature by the executive. An "elective dictatorship" ~ The first past the post system creates an "exaggerated mandate" for the largest party, which is unlikely to have over 50% of the votes (this has not happened since 1945) ...read more.

Conclusion

However this means it will be constantly open to judicial interpretation. This is a problem for a number of reasons: Judges are unelected but would be able to overrule an elected Parliament Judges are unaccountable and do not have to answer to Parliament or the public Judges are unrepresentative of the public, as such they are unlikely to represent minority groups or activists, and will interpret the law in a biased way. ~ What would go in a written and codified constitution? Politicians on the left and right would disagree massively over the contents of a constitution ~ The will of politicians. A constitution only works if politicians are willing to act in a constitutional manner and abide by the documents of the constitution. Even the courts cannot force the government to conform. ...read more.

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